View source for Second Degree Murder (Sentencing Cases)

{{Currency|January 2023}}
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==Second Degree - Generally==
{{seealso|Homicide (Sentencing Cases)}}
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{{SCaseLong|{{CanLIIR-S|Candaele|js3r4|2022 ABKB 605 (CanLII)}}|{{AB}}|SC| | }}

{{SCaseLong|{{CanLIIR-S|Mbaye|jbld2|2020 ABQB 698 (CanLII)}}|{{AB}}|SC| {{JailY|14}} | }}

{{SCaseLong| {{CanLIIR-S|Chen|j16cg|2019 ONSC 3952 (CanLII)}}{{perONSC|Campbell J}}| {{ON}} |SC| {{JailY|10}} | }}

{{SCaseLong|{{CanLIIR-S|Hannan|hx3s2|2018 NSSC 335 (CanLII)}}{{perNSSC|Wright J}}| {{NS}} |SC | {{JailY|15}} | The victim was stabbed 9 times with a knife and left to die. }}

{{SCaseLong|{{CanLIIR-S|Nicholas|hq27r|2018 ONSC 678 (CanLII)}}{{perONSC|George J}}| {{ON}} |SC | {{JailY|13}} | {{SummaryPending}} }}

{{SCaseLong|{{CanLIIR-S|Pernosky|ht506|2018 BCSC 1252 (CanLII)}}{{perBCSC|Armstrong J}}|{{BC}}|SC | {{JailY|13}} | "The offender pleaded guilty to the second-degree murder of his half-sister.  Death was caused by asphyxiation, followed by a series of sexual acts on the deceased.  The offender was 27 at the time of the offence with no adult criminal record.  He did not claim to be more than mildly intoxicated at the time. He offered no explanation for his actions."}}

{{SCaseLong|{{CanLIIR-S|Burwell|hpllk|2017 SKQB 375 (CanLII)}}{{perSKQB|Danyliuk J}}|{{SK}}|SC | {{JailY|16}} |  {{SummaryPending}}}}

{{SCaseLong|{{CanLIIR-S|Baldwin|h5xjr|2017 ONSC 5040 (CanLII)}}{{perONSC|Lafrance-Cardinal J}}| {{ON}} |SC | {{JailY|12}} | {{SummaryPending}} }}

{{SCaseLong|{{CanLIIR-S|Bernard|h3w48|2017 NSSC 129 (CanLII)}}{{perNSSC|Gogan J}}| {{NS}} |SC | {{JailY|14}} | {{SummaryPending}}  }}

{{SCaseLong|{{CanLIIR-S|Gabriel|h376v|2017 NSSC 90 (CanLII)}}{{perNSSC|Campbell J}}| {{NS}} |SC | {{JailY|13}} | The offender was black and mi'kmaq. A cultural impact assessment gave some background to the offender.}}

{{SCaseLong|{{CanLIIR-S|Whitlock|hmvsx|2017 BCSC 1998 (CanLII)}}{{perBCSC|DeWitt-Van Oosten J}} |{{BC}}|SC | }} 

{{SCaseLong|{{CanLIIR-S|Mohamed|h36hk|2017 MBQB 64 (CanLII)}}{{perMBQB|Chartier J}} |{{MB}}|SC| {{JailY|13}} |  {{SummaryPending}}}} 

{{SCaseLong|{{CanLIIR-S|Tucker|gxj9s|2017 NBQB 17 (CanLII)}}{{perNBQB|Grant J}}|{{NB}}|SC | {{JailY|14}} | The offender was convicted of second degree murder of his mother. }}

{{SCaseLong|{{CanLIIR-S|Roy|gmt56|2016 NBQB 7 (CanLII)}}{{perNBQB|DeWare J}} |{{NB}}|SC | {{JailY|16}} | The offender stabbed his mother to death and then set the house on fire. He was 25 years old, and had a diagnosis of axiety and drug abuse. He had a long history of mental illness and drug addiction. He had a prior record for violence.}}

{{SCaseLong|{{CanLIIR-S|Ostamas|gs9v4|2016 MBQB 136 (CanLII)}}{{perMBQB|Toews J}}|{{MB}}|SC | {{JailY|75}} | The offender was convicted of three counts of second degree murder. He strangled two persons to death and beat another to death with a piece of lumber. All victims were homeless persons. Crown and defence had a joint agreement on s. 745.51 applying to order three consecutive sentences of 25 years each.  }}

{{SCaseLong|{{CanLIIR-S|Ryan|gl1sz|2015 ABCA 286 (CanLII)}}{{perABCA|Picard JA}} (2:1)|{{AB}}|CA | {{JailY|17}} | The offender was as drug dealer and shot one of his sellers when the victim stole some of his drugs and vehicle. He hid the body is the woods. He was 29 years old. }}

{{SCaseLong|{{CanLIIR-S|Scott |g7hmz|2014 NBQB 146 (CanLII)}}{{perNBQB|Morrison J}} |{{NB}}|SC| {{JailY|15}} | The offender was plead guilty to killing an 82 year old woman. The victim helped him by driving him to her home where the offender hit her in the head with a hammer 19 times. He tried to make the murder scene look liek a sexual assault. He was 19 years old with a history of mental illness. }}  

{{SCaseLong|{{CanLIIR-S|Borbely|fz36g|2013 ONSC 3355 (CanLII)}}{{perONSC|Glass J}}| {{ON}} |SC | {{JailY|17}} | {{SummaryPending}} }}

{{SCaseLong|{{CanLIIR-S|Chareka |g0wxv|2013 NSSC 320 (CanLII)}}{{perNSSC|Scaravelli J}}| {{NS}} |SC | {{JailY|13}} | stabbing. No prior criminal record }}

{{SCaseLong|{{CanLIIR-S|Neville|fwl6s|2013 CanLII 13601 (NLSCTD)}}{{perNLSC|Thompson J}}|{{NL}}|Sc | {{JailY|12}} | stabbing  }}

{{SCaseLong|{{CanLIIR-S|Jiminez-Acosta|g0d7s|2013 ONSC 5524 (CanLII)}}{{perONSC|AJ Goodman J}}| {{ON}} |SC | {{JailY|13}} | The offender was convicted of murder. He got into an argument with the victim when she told him she was leaving him. He beat and stabbed her. The offender tried to cover up evidence and mislead the investigators. He had no prior criminal record.}}

{{SCaseLong|{{CanLIIR-S|Hardy|frjp8|2012 NSSC 209 (CanLII)}}{{perNSSC|Wright J}}| {{NS}} |SC | {{JailY|14}} | offender had a prior record involving violence. He was mentally ill. He confessed and was remorseful. }}

{{SCaseLong|{{CanLIIR-S|Swite|ftwqg|2012 BCSC 1755 (CanLII)}}{{perBCSC|Josephson J}} |{{BC}}|SC| {{JailY|13}} | "Swite was 20 years old at the time of the offence. He had no criminal record. He had little if any meaningful school or work history.  He had strong Gladue factors, including many forms of deprivation and alcohol abuse from an early age. The court found [he] was significantly intoxicated at the time of the offence.
... Swite’s victim was an 85-year old aboriginal woman who was a stranger to him. He killed her by suffocating her with a pillow. He then had sex with her dead body. "}}
 
{{SCaseLong|{{CanLIIR-S|Ward|fn0kk|2011 NSCA 78 (CanLII)}}{{perNSCA|Saunders J}}| {{NS}} |CA | {{JailY|13}} |  {{SummaryPending}} }}

{{SCaseLong|{{CanLIIR-S|Belcourt|fv603|2012 BCSC 1844 (CanLII)}}{{perBCSC|Macaulay J}}|{{BC}}|SC | {{JailY|17}} |  {{SummaryPending}}}}

{{SCaseLong|{{CanLIIR-S|Dahr|frskj|2012 ONCA 433 (CanLII)}}{{perONCA|Gillese JA}} | {{ON}} |CA| {{JailY|15}} |  {{SummaryPending}}}}

{{SCaseLong|{{CanLIIR-S|Blandon |frvkj|2012 ONSC 3864 (CanLII)}}{{perONSC|Nordheimer J}} | {{ON}} |SC| {{JailY|12}} | {{SummaryPending}} }}

{{SCaseLong|{{CanLIIR-S|Hardy|frjp8|2012 NSSC 209 (CanLII)}}{{perNSSC|Wright J}} |{{NS}}|SC| {{JailY|14}} |  {{SummaryPending}}}}

{{SCaseLong|{{CanLIIR-S|Jojic|fqc7f|2012 BCCA 101 (CanLII)}}{{perBCCA|Ryan JA}} |{{BC}}|CA |13 years  |  {{SummaryPending}} }}

{{SCaseLong|{{CanLIIR-S|Hall|fpdp4|2011 ONSC 7281 (CanLII)}}{{perONSC|Archibald J}} | {{ON}} |SC| {{JailY|14}} |  {{SummaryPending}}}}

{{SCaseLong|{{CanLIIR-S|Boudreau|22htx|2009 NSSC 30 (CanLII)}}{{perNSSC|Stewart J}} | {{NS}} |SC| {{JailY|20}} | Offender killed her 12 year old child as she was an obstacle to her relationship. Evidence suggesting planning and deliberation. Sentence meant to show this was close to a first degree murder. Joint recommended sentence.}}

{{SCaseLong|{{CanLIIR-S|Kayaitok|25nfc|2009 NUCJ 24 (CanLII)}}{{perNUCJ|Kilpatrick J}} |NU|PC| {{JailY|18}} | "The victim was aged five; she died by asphyxiation, then was anally raped by the offender.  There was no evidence that alcohol or other intoxicant played a part in the offence.  Owing to a prior serious sexual assault allegation, the offender was on an undertaking to have no contact with children.  He had no adult criminal record. He was 19 years old at the time of the offence, came from a disadvantaged background, and had limited education."}} 

{{SCaseLong|{{CanLIIRP-S|Worm|232sb|2009 SKQB 122 (CanLII)| [2009] S.J. No 197}}{{perSKQB|Dawson J}}|{{SK}}|SC| {{JailY|16}} | offender and friends broke into victim's residence to rob them. Offender shot victim in front of family members including 14 year old. Offender was 23 year old aboriginal with an extensive record.}}


{{SCaseLong|{{CanLIIR-S|Wilson|1sxk9|2007 BCSC 1382 (CanLII)}}{{perBCSC| Chamberlist J}} |{{BC}}|SC| {{JailY|13}} | The offender plead guilty and had no prior record. He "was aboriginal but the sentencing judge, at para 16, concluded that Gladue did not apply, given the violent and serious offence before the court. ...the sentencing judge found the most aggravating aspect of the murder to be the offender’s vaginal and anal sex with the deceased victim.  Though not complete strangers, the case report does not describe any particular relationship either.  It appears death was caused by asphyxiation.  Mitigating was the lack of a record, the offender’s youthfulness, and his good prospects for rehabilitation."}}

{{SCaseLong|{{CanLIIRP-S|Danvers|1lhd0|2005 CanLII 30044 (ON CA)|[2005] OJ No 3532 (ONCA)}}{{perONCA|Armstrong JA}} | {{ON}} |CA| {{JailY|15}} | offender was convicted of second degree murder for shooting a student in a nightclub. Offender was 19 years old with a lengthy criminal record.}}

{{SCaseLong|{{CanLIIR-SN|Thackeray|, [2004] OJ No 5866}}| {{ON}} | | {{JailY|11}} | The offender plead guilty to second degree for stabbing a taxi driver 13 times in the head and neck.}}

{{SCaseLong|{{CanLIIRP-S|Cook|59s7|2003 BCCA 326 (CanLII)| [2003] BCJ No 1246}}{{perBCCA|Esson JA}} |{{BC}}|CA| {{JailY|15}} | convicted of second-degree murder. Offender shot and killed taxi driver during robbery. Offender was 21 years old and no record.}}

{{SCaseLong|{{CanLIIRP-S|Dewald|1fbs6|2001 CanLII 4721 (ON CA)|[2001] O.J. No. 1716}} (2:1){{perONCA|Laskin JA}} | {{ON}}|CA| | }}

{{SCaseLong|{{CanLIIRP-S|McInnis|1f9fl|1999 CanLII 2671 (ON CA)|, 1999 CarswellOnt 1054, 119 OAC 316 (CA)}}{{perONCA|Rosenberg JA}}|{{ON}}|CA| {{JailY|20}} | "53-year old offender had a lengthy related record and was on mandatory supervision at the time of the offence; the jury recommended a 20-year period of parole ineligibility; the sentencing judge concluded the offender was a psychopath with no hope for rehabilitation."}}

{{SCaseLong|{{CanLIIR-S|Ramsay|gb25n|1991 CanLII 11808 (MB CA)}}{{perMBCA|Huband JA}} |{{MB}}|CA| {{JailY|14}} | The offender "was found to have sexually desecrated his deceased victim, went on to say he had done society a favour by committing his crime.  The court found that his unrepentant attitude marked him as dangerous. "}}

{{SCaseLong|{{CanLIIR-SN|Smith| (1986), 72 NSR (2d) 359 (AD)}}|{{NS}}|CA |{{JailY|20}} | lengthy criminal record }}

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===Second Degree - Domestic===
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{{SCaseLong|{{CanLIIR-S|Johnson|gvnpk|2016 NSSC 297 (CanLII)}}{{perNSSC|Duncan J}}| {{NS}} |SC | 20 years and 17 years|Johnson murdered his ex-partner by beating her with a tire iron. The victim survived the initial beating. MacDonald obtained a knife for Johnston to cut her throat. Both offenders pleaded guilty to second degree murder.}}

{{SCaseLong|{{CanLIIR-S|Rushton|gvn19|2016 NSSC 313 (CanLII)}}{{perNSSC|Wood J}}| {{NS}} |SC | {{JailY|18}} | The offender murdered his common law partner and her adult daughter from another relationship. [per Wood J]}}

{{SCaseLong|{{CanLIIR-S|Toews|gj0df|2015 ABCA 167 (CanLII)}}{{perABCA|Costigan JA}}|{{AB}}|CA | {{JailY|10}} | }}

{{SCaseLong|{{CanLIIR-S|Irving|gh5cg|2015 NBQB 70 (CanLII)}}{{perNBQB|Grant J}}|{{NB}}|SC| {{JailY|12}} | The offender strangled his wife to death while one of their children was upstairs. It was motivated by jealousy. He hid her body but eventually reported it to the police. }}

{{SCaseLong|{{CanLIIR-S|Hutchinson|g6pwr|2014 NSSC 155 (CanLII)}}{{perNSSC|Cacchione J}}| {{NS}} |SC | {{JailY|21}} |Offender stabbed domestic partner to death. Lengthy prior record and was on a conditional sentence order at the time. Plead guilty. There were two young children of the relationship. He stated he had little remorse. Judge found he was in a position of trust.  }}

{{SCaseLong|{{CanLIIR-S|Hales|gf9qz|2014 NSSC 408 (CanLII)}}{{perNSSC|Duncan J}}| {{NS}} |SC | {{JailY|17}} | The offender pleaded guilty to second degree murder. He stabbed in wife to death. The sentence was jointly recommended. }}

{{SCaseLong|{{CanLIIRP-S|Borbely|fz36g|2013 ONSC 3355 (CanLII)|[2013] OJ No 2593}}{{perONSC|Glass J}}| {{ON}} |SC|17 years| Offender found guilty of second degree murder of common law wife by beating her. Offender had no record, good employment, and positive involvement with children. The case was circumstantial where the victim disappeared and then was found dismembered in crates which was discovered years later.   }}

{{SCaseLong|{{CanLIIRP-S|Purdy|frsf7|2012 BCCA 272 (CanLII)| [2012] BCJ No 1245}}{{perBCCA|MacKenzie JA}}|{{BC}}|CA | {{JailY|19}} | Offender convicted for second degree murder of ex-wife by stabbing her 21 times in an ambush. There were several incidents of violence betwee the offender and the wife's new partner. He believed victim was atttempting to get between him and his children. The killing was done with "forethought". No record and of good character. }}

{{SCaseLong|{{CanLIIR-S|Panghali|fl8xn|2011 BCSC 421 (CanLII)}}{{perBCSC|Holmes J}}|{{BC}}|SC | {{JailY|15}} | The offender strangled his pregnant wife to death and then burned her body on a beach. He made comments to police suggesting that her family may have been responsible. }}

{{SCaseLong|{{CanLIIR-S|Getson|2fs66|2011 NBQB 51 (CanLII)}}{{perNBQB|McLellan J}}|{{NB}}|SC | {{JailY|20}} | Offender plead guilty to second degree murder of wife. Offender attacked wife in front of a tanning salon in front of witnesses. Some evidence of planning were present. Offender confessed to his sister of stabbing the victim 14 or 15 times. Autopsy showed 28 stab wounds to the body. Joint recommendation. }}

{{SCaseLong|{{CanLIIR-SN|Hindessa| [2009] OJ No 6412}} | {{ON}} |. | {{JailY|18}} | Offender convicted of second degree murder of his girlfriend by stabbing her 10 times while she was lying on a bed. Offender had diagnosis of PTSD and was known for violence, jealousy, and alcohol abuse. There were prior allegations of violence between victim and offender. There was evidence of stabs occurring after death. }}

{{SCaseLong|{{CanLIIR-S|White|2476b|2009 NLTD 99 (CanLII)}}{{perNLSC|Adams J}}|{{NL}}|SC | {{JailY|17}} | Offender plead guilty to second degree murder of common law partner by strangling her to death after an argument about fidelity. Offender dismembered the body in his bathtub and discarded the parts. Victim left two children. }}

{{SCaseLong|{{CanLIIR-S|Legge|1llx1|2005 NLTD 156 (CanLII)}}{{perNLSC|LeBlanc J}}|{{NL}}|SC | {{JailY|18}} | Offender plead guilty to second degree murder of ex-common law partner. Relationship broke up after offender assaulted victim and was convicted for it. They got back together briefly before murder. Offender accused victim of infidelity, she broke up with him. Offender broke into victim's home and beat her to death with a metal rod. He gave a inculpatory statement, stating he was not remorseful.  }}

{{SCaseLong|{{CanLIIRP-S|Johnson (WD)|1hjwq|2004 NSCA 91 (CanLII)|225 NSR (2d) 22 (CA)}}{{perNSCA|Oland JA}}| {{NS}} |CA| {{JailY|21}} | Offender murdered his girlfriend and her child. He was 25 years old and had prior record including violence against the victim.}}

{{SCaseLong|{{CanLIIR-S|Johnson|4tx9|2001 NSSC 119 (CanLII)}}{{perNSSC|Wright J}}| {{NS}} |SC | {{JailY|21}} | The offender murdered his romantic partner and her child. }}

{{SCaseLong|{{CanLIIR-S|KWM|1g2x5|2003 BCCA 688 (CanLII)}}{{perBCCA|Hall JA}}|{{BC}}|CA | {{JailY|20}} |The offender murdered his wife and mother-in-law. }}

{{SCaseLong|{{CanLIIR-S|Franz|1fn1w|2000 BCSC 508 (CanLII)}}{{perBCSC|Edwards J}}|{{BC}}|SC | {{JailY|17}} | Offender convicted of second degree murder of spouse during separation. Offender strangled spouse to death and dismembered the victim's body and the parts were hidden. Offender had no record of violence. Some evidence of planning and deliberation, but not beyond reasonable doubt. Judge said offence was "not spur of the moment" killing. }}
 
{{SCaseLong|{{CanLIIRP-S|McKnight|1f9fp|1999 CanLII 3717 (ON CA)|[1999] OJ No 1321}}{{perONCA|Laskin JA}} (2:1)| {{ON}} |CA | {{JailY|17}} |Offender was a doctor and lawyer who stabbed wife. Attack was over 10 to 15 minutes. Suffered from depression at time of offence. }}

{{SCaseLong|{{CanLIIR-S|Assoun|1f15x|1999 CanLII 2819 (NS SC}}{{perNSSC|Hood J}}| {{NS}} |SC | 18.5 years | The offender was convicted at trial of murdering his ex-partner. He "stabbed and/or slit her throat and killed her with one of these throat wounds which pierced a vein". The offender and victim were in an on/off relationship and had only just broken up at the time of her murder. The sentence was jointly recommended.}}

{{SCaseLong|{{CanLIIR-S|Wristen|1f9wv|1999 CanLII 3824 (ON CA}}{{perONCA|Laskin and Rosenberg JJA}}| {{ON}} |CA | {{JailY|17}} | Convicted on circumstantial case. Victim went missing and body never found. Victim's blood splatter found in house.  }}

{{SCaseLong|{{CanLIIR-S|Beamish|1c91f|1996 CanLII 3735 (PE SCTD)}}{{perPEISC|Jenkins J}}| |SC | {{JailY|18}} | charged with first degree, convicted of second degree of murder of common law partner. Offender tied up victim with rope, beat her to death and then concealed her remains. Circumstances of murder were "horrific" and "brutal". It was not a "spur of the moment" offence. Offender had prior record. Appeal dismissed.}}

{{SCaseLong|{{CanLIIRP-S|Francis|1mqxr|1994 CanLII 4164 (NSCA)|127 NSR (2d) (NSCA)}}{{perNSCA|Jones JA}}| {{NS}} |CA | {{JailY|20}} | }}

{{SCaseLong|{{CanLIIR-S|Young (L.A.)|1mrs9|1993 CanLII 3272 (NSCA)|, 117 NSR (2d) 166 (CA)}}{{perNSCA|Freeman JA}}| {{NS}} |CA| {{JailY|14}} | The offender stabbed his wife over 14 times. The judge described it as "senseless" and "brutal". }}

{{SCaseLong|{{CanLIIR-SN|Doyle| [1991] NSJ No 447, 108 NSR (2d) 1 (NSCA)}}| {{NS}} |CA|17 years| The offender shot wife while she laid on a bed sleeping. He was suffering from alcoholism and was upset over suspicions of infidelity. The two had three children of the relationship, one of whom died years before. Victim was 32 and the offender was 33 at the time.}}

{{SCaseLong|{{CanLIIRP-S|Baillie|1mrvs|1991 CanLII 2477 (NSCA)|, 107 NSR (2d) 256 (CA)}}{{perNSCA|Matthews JA}}| {{NS}} |CA| {{JailY|17}} |The offender strangled his wife with a rope and left her to die, locked in the basement. }} 

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